CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Void Judgments/Orders/Defaults
............Default Judg. in Excess of Prayer
 12 Cards On This Topic:
  • Relief granted to petitioner or moving party in default proceeding cannot exceed that demanded in petition or motion.
  • If petition does not pray for child support, default judgment ordering child support is void and subject to collateral attack.
  • Default judgment in excess of prayer is void.
  • Trial court erred in awarding condo as W's s/p in default judgment because it granted her greater relief than she had requested in her dissolution petitions.
  • Default judgment greater than amount demanded in the complaint is void as beyond court's jurisdiction—where no amount of damages demanded, any amount awarded is by definition greater than the amount demanded.
  • H on notice from Petition that property listed in property decl. will be valued and divided; W need not actually list values. Orders going beyond that requested may be set aside.
  • Granting spousal support to defaulting respondent in absence of prayer for such in petition is not error.
  • Default judgment of dissolution set aside where petition only requested legal separation.
  • Listing property to be divided in default dissolution in opposition to other party's request for relief from default gives sufficient notice.
  • Default judgment of dissolution based on petition which prays for property division "as provided by law" is not void, even though judgment awarded more than Family Law Act allows.
  • Default judgment awarding furniture to H, when W's annulment complaint prayed that furniture be awarded to W, is void as judgment in excess of prayer.
  • Default judgment that awards more relief than prayed for is void and may be challenged at any time.


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